ALFRED MANHEIM, APPELLANT,
v.
FORD MOTOR COMPANY, A CORPORATION, APPELLEE
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This case involves a prior judgment by the Florida District Court of Appeal affirming a summary judgment, which was later quashed by the Florida Supreme Court. The District Court of Appeal, following the Supreme Court's mandate, vacated its prior judgment, reversed the summary judgment, and remanded the case for further proceedings.
The District Court of Appeal must vacate its prior judgment, adopt the Supreme Court's opinion and judgment as its own, reverse the summary judgment, and remand the case to the circuit court for further proceedings consistent with the Supreme Court's decision.
“quashed this court's judgment of affirmance with directions for further proceedings”
Describes the action taken by the Florida Supreme Court on the District Court of Appeal's prior judgment.
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Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed a summary judgment granted by the Circuit Court for Dade County. Upon review by certiorar…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on January 31, 1967 (194 So.2d 54) affirming the summary judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 19, 1967 (201 So.2d 440) and mandate dated August 7, 1967, now lodged in this court, quashed this court’s judgment of affirmance with directions for further proceedings ;
Now, therefore, It is Ordered that the mandate of this court issued in this cause on February 7, 1967 is withdrawn, the opinion and judgment of this court filed January 31, 1967 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the summary judgment appealed from in this cause is reversed and the cause is remanded to the circuit court with directions to proceed in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
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Authorities Cited
- Manheim v. Ford Motor Co., 201 So. 2d 440 (Fla. 1967)
- Manheim v. Ford Motor Co., 194 So. 2d 54 (Fla. 3d DCA 1967)